alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Snider v. Coleman, *Appellant.*

1. Administrator’s Informal Deed: ejectment. If an administor’s deed to land sold for the payment of debts of his intestate, he wanting in formality, (as, if it lack a seal, or be not properly acknowledged and certified,) it will still vest in the purchaser at least an equitable title; and if the facts are properly pleaded, will con*569stitute an equitable defense to an action of ejectment brought by the heirs of the deceased against one claiming under it.

2. Pleading: prayee foe belief. If the answer contains a prayer for general relief, the court may give any relief consistent with the case made by the answer.

*Appeal from Carter Circuit Court.*— Hon. R. P. Owen, Judge.

Reversed.

This was an action of ejectment brought by plaintiffs as heirs at law of Samuel C. Snider, deceased. Defendant, by way of equitable defense, alleged in his answer that the land in controversy had been sold by the administrator of the said Samuel 0. Snider, acting under an order of the probate court, for the payment of debts of the estate, to one Hennard, from whom' defendant had purchased for value and without notice of any infirmity of title, and that he and his grantor had made large and valuable improvements on the land in good faith, and prayed to be subrogated to the rights of all creditors of the estate, and that an accounting be had, and for general relief. At the trial the'deed to Kennard and the certified copy thereof from the recorder’s office were offered in evidence. ■ The latter indicated that the deed had been duly sealed, and there was testimony that a seal had been appended to it, but the deed itself bore no seal at the time of the trial, and was objected to on this ground, and because it was not' properly acknowledged and certified. The objection was sustained, and the deed was excluded. Plaintiffs had judgment, and defendant appealed.

*Ewing & Hough*and *Wm. Carter*and *J. E. T. Edwards*for appellant.

*Belch & Silver*for respondents.

Sherwood, C. J.

Any discussion on the point of the *570legal sufficiency of the administrator’s deed, will not affect the conclusion which should he reached. If plaintiffs were the heirs at law of him under whom they claim, it is sufficient to observe that the land was sold for the debts of their alleged ancestor, aud if the deed-referred to is lacking in formality, this lack will not avail plaintiffs, as the purchaser at the administration sale, Kennard, under whom defendant claims, acquired an equitable title at least to the land in controversy, which title constitutes, when properly pleaded, as is the case here, an equitable defense to the action. *Long v. The Joplin Mining Smelting Co.,*68 Mo. 422.

And the prayer for general relief, with which the answer concludes, authorized the court to give any relief consistent with the case made by the answer. *Siemers v. Kleeburg,*56 Mo., *loc. cit.*201; *Pomeroy v. Benton,*57 Mo. 531. These views compel a reversal of the judgment.

All concur.
Editorial Note on Part 622
Editorial Note: Nomenclature changes to part 622 appear at 79 FR 57837, Sept. 26, 2014 and at 81 FR 32253, May 23, 2016.

§ 622.477 Prohibited gear and methods. Also see § 622.9 for additional prohibited gear and methods that apply more broadly to multiple fisheries or in some cases all fisheries. ( a ) *Reef fish* — ( 1 ) *Poisons.* A poison, drug, or other chemical may not be used to fish for reef fish in the EEZ around St. Croix.
( 2 ) *Powerheads.* A powerhead may not be used in the EEZ around St. Croix to harvest reef fish. The possession of a mutilated reef fish in or from the EEZ around St. Croix and a powerhead constitutes a rebuttable presumption of a violation of this paragraph (a)(2).
( 3 ) *Gillnets and trammel nets.* A gillnet or trammel net may not be used in the EEZ around St. Croix to fish for reef fish. The possession of a reef fish in or from the EEZ around St. Croix and a gillnet or trammel net constitutes a rebuttable presumption of a violation of this paragraph (a)(3). A gillnet or trammel net used in the EEZ around St. Croix to fish for any other species must be tended at all times.
( b ) [Reserved]
( c ) *Spiny lobster* — ( 1 ) *Spears and hooks.* A spear, hook, or similar device may not be used in the EEZ around St. Croix to harvest a spiny lobster. The possession of a speared, pierced, or punctured spiny lobster in or from the EEZ around St. Croix constitutes a rebuttable presumption of a violation of this paragraph (c)(1).
( 2 ) *Gillnets and trammel nets.* A gillnet or trammel net may not be used in the EEZ around St. Croix to fish for spiny lobster. The possession of a spiny lobster in or from the EEZ around St. Croix and a gillnet or trammel net constitutes a rebuttable presumption of a violation of this paragraph (c)(2). A gillnet or trammel net used in the EEZ around St. Croix to fish for any other species must be tended at all times.
( d ) [Reserved]
( e ) *Queen conch.* In the EEZ around St. Croix, no person may harvest queen conch by diving while using a device that provides a continuous air supply from the surface.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

SMOOTHIE JUNGLE, INC., a Florida Corporation, and SMOOTHIE JUNGLE CAFE, LLC., a Florida Limited Liability Company

, Appellant s ,

v.

BERRY'S STATION CAFE, LLC, a Florida Limited Liability Company, d/b/a BERRY ’ S STATION HEALTH FOODS, MARIANA DURLI,
i ndividually, LUAN P. MELO, individually, and GEOVANA P. DINEZ, individually

,

Appellee s

.

No. 4D 19

- 2765

[ November 19, 2020 ]

Appeal from the Circuit Court for the Seventeenth Judicial C ircuit, Broward County ; Nicolas Richard Lopane , Judge; L.T. Case No. CACE

- 19

- 005229

.

Keith T. Grumer of Katz Barron, Fort Lauderdale, for appellants.

Christopher N. Davis

- Traina, Joseph D. Garrity, Christine Catherine Traina and Joshua W. Rosenberg of Ga rrity Traina, PLLC, Coconut Creek, for appellees.

P ER C URIAM

.

Affirmed.

G ROSS , C IKLIN , JJ., and B ELL , C AROLYN , Associate Judge, concur

.

* * *

Not final until disposition of timely filed motion for rehearing.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 56 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                 H. R. 56

To amend the Shipping Act of 1984 to provide for equitable treatment of 
  United States ocean freight forwarders by ocean carrier conferences.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

 Mrs. Bentley introduced the following bill; which was referred to the 
               Committee on Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL

 
To amend the Shipping Act of 1984 to provide for equitable treatment of 
  United States ocean freight forwarders by ocean carrier conferences.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INDEPENDENT ACTION.

    Section 5(b) of the Shipping Act of 1984 (46 U.S.C. App. 1704(b)) 
is amended by striking paragraph (8) and inserting the following:
            ``(8) provide that--
                    ``(A) any member of the conference may take 
                independent action on any rate, service item, or level 
                of ocean freight forwarder compensation required to be 
                filed in a tariff under section 8(a) upon not more than 
                10 calendar days notice to the conference; and
                    ``(B) the conference will include the new rate, 
                service item, or level of ocean freight forwarder 
                compensation in its tariff for use by that member, 
                effective no later than 10 calendar days after receipt 
                of the notice, and by any other member that notifies 
                the conference that it elects to adopt the independent 
                rate, service item, or level of ocean freight forwarder 
                compensation on or after its effective date, in lieu of 
                the existing conference tariff provision for that rate, 
                service item, or level of ocean freight forwarder 
                compensation;''.

SEC. 2. PROHIBITION ON DENYING COMPENSATION.

    Section 10(c) of the Shipping Act of 1984 (46 U.S.C. App. 1709(c)), 
is amended by striking paragraph (5) and inserting the following:
            ``(5) deny in the export foreign commerce of the United 
        States compensation to an ocean freight forwarder, or limit 
        that compensation to less than 1.25 percent of the aggregate of 
        all of the rates and charges applicable under the tariff 
        assessed against the cargo on which the forwarding services are 
        provided; or''.

                                 <all>
```
# EUR-Lex - 11992M/PRO/SEBC/47 - EN

Avis juridique important

*|*

# 11992M/PRO/SEBC/47

**Treaty on European Union - Protocol on the statute of the european system of central banks and of the European Central Bank - Chapter IX: Transitional and other provisions for the ESCB - Article 47: Responsibilities of the General Council **

*
Official Journal C 191 , 29/07/1992 P. 0078 *

Article 47

Responsibilities of the General Council

47.1. The General Council shall:

- perform the tasks referred to in Article 44;

- contribute to the advisory functions referred to in Articles 4 and 25.1.

47.2. The General Council shall contribute to:

- the collection of statistical information as referred to in Article 5;

- the reporting activities of the ECB as referred to in Article 15;

- the establishment of the necessary rules for the application of Article 26 as referred to in Article 26.4;

- the taking of all other measures necessary for the application of Article 29 as referred to in Article 29.4;

- the laying down of the conditions of employment of the staff of the ECB as referred to in Article 36.

47.3. The General Council shall contribute to the necessary preparations for irrevocably fixing the exchange rates of the currencies of Member States with a derogation against the currencies, or the single currency, of the Member States without a derogation, as referred to in Article 109l(5) of this Treaty.

47.4. The General Council shall be informed by the President of the ECB of decisions of the Governing Council.
§ 424.17 Time limits and required actions. ( a ) *General.* ( 1 ) Within 1 year of the publication of a rule proposing to determine whether a species is an endangered or threatened species, or to designate or revise critical habitat, the Secretary shall publish one of the following in the Federal Register: ( i ) A final rule to implement such determination or revision,
( ii ) A finding that such revision should not be made,
( iii ) A notice withdrawing the proposed rule upon a finding that available evidence does not justify the action proposed by the rule, or
( iv ) A notice extending such 1-year period by an additional period of not more than 6 months because there is substantial disagreement among scientists knowledgeable about the species concerned regarding the sufficiency or accuracy of the available data relevant to the determination or revision concerned.
( 2 ) If an extension is made under paragraph (a)(1)(iv) of this section, the Secretary shall, within the extended period, take one of the actions described in paragraphs (a)(1) (i), (ii), or (iii) of this section.
( 3 ) If a proposed rule is withdrawn under paragraph (a)(1)(iii) of this section, the notice of withdrawal shall set forth the basis upon which the proposed rule has been found not to be supported by available evidence. The Secretary shall not again propose a rule withdrawn under such provision except on the basis of sufficient new information that warrants a reproposal.
( b ) *Critical habitat designations.* A final rule designating critical habitat of an endangered or a threatened species shall to the extent permissible under § 424.12 be published concurrently with the final rule listing such species, unless the Secretary deems that— ( 1 ) It is essential to the conservation of such species that it be listed promptly; or
( 2 ) Critical habitat of such species is not then determinable,
in which case, the Secretary, with respect to the proposed regulation to designate such habitat, may extend the 1-year period specified in paragraph (a) of this section by not more than one additional year. Not later than the close of such additional year the Secretary must publish a final regulation, based on such data as may be available at that time, designating, to the maximum extent prudent, such habitat.
Editorial Note on Part 660
Editorial Note: Nomenclature changes to part 660 appear at 67 FR 65906, Oct. 29, 2002, 88 FR 81358, Nov. 22, 2023.

§ 660.20 Vessel and gear identification. ( a ) *Vessel identification* — ( 1 ) *Display.* The operator of a vessel that is over 25 ft (7.6 m) in length and is engaged in commercial fishing for groundfish must display the vessel's official number on the port and starboard sides of the deckhouse or hull, and on a weather deck so as to be visible from above. The number must contrast with the background and be in block Arabic numerals at least 18 inches (45.7 cm) high for vessels over 65 ft (19.8 m) long and at least 10 inches (25.4 cm) high for vessels between 25 and 65 ft (7.6 and 19.8 m) in length. The length of a vessel for purposes of this section is the length set forth in USCG records or in state records, if no USCG record exists.
( 2 ) *Maintenance of numbers.* The operator of a vessel engaged in commercial fishing for groundfish must keep the identifying markings required by paragraph (a)(1) of this section clearly legible and in good repair, and must ensure that no part of the vessel, its rigging, or its fishing gear obstructs the view of the official number from an enforcement vessel or aircraft.
( 3 ) *Commercial passenger vessels.* This section does not apply to vessels carrying fishing parties on a per-capita basis or by charter.
( b ) *Gear identification.* Gear identification requirements specific to fisheries using fixed gear (limited entry and open access) are described at § 660.219, subpart E and § 660.319, subpart F.
EXHIBIT 32.1



                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     In connection with the Quarterly Report of Medical Makeover  Corporation of
America (the  "Company") on Form 10-Q for the quarter ending  September 30, 2006
as filed with the  Securities  and Exchange  Commission  on the date hereof (the
"Periodic Report"), I, , Acting Chief Executive Officer of the Company, certify,
pursuant  to  18.U.S.C.  ss.  1350,  as  adopted  pursuant  to  ss.  906  of the
Sarbanes-Oxley Act of 2002, that:

     1. The Periodic  Report fully  complies  with the  requirements  of Section
13(a) or 15(d) of the Securities Exchange Act of 1934; and

     2. The information contained in the Periodic Report fairly presents, in all
material  respects,  the  financial  condition  and results of operations of the
Company.



/s/Douglas P Martin
-------------------------------
Chief Executive Officer
November 14, 2006


--------------------------
This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and  shall not be deemed  filed by the  Company  for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
required by Section 906,  has been  provided to the Company and will be retained
by the Company and furnished to the  Securities  and Exchange  Commission or its
staff upon request.
§ 80.125 How must an agency treat income that it earns after the grant period? ( a ) The State fish and wildlife agency must treat program income that it earns after the grant period as either: ( 1 ) License revenue for the administration of the agency; or
( 2 ) Additional funding for purposes consistent with the grant or the program.
( b ) The agency must indicate its choice of one of the alternatives in paragraph (a) of this section in the project statement that the agency submits with each application for Federal assistance. If the agency does not record its choice in the project statement, the agency must treat the income earned after the grant period as license revenue.
#### GEORGE S. MISNER, Respondent, *v.*THE ULSTER *&*DELAWARE RAILROAD COMPANY, Appellant.

Affirmed, with costs.
# EUR-Lex - 12004V430 - EN

Important legal notice

*|*

# 12004V430

**Treaty establishing a Constitution for Europe - PART III — THE POLICIES AND FUNCTIONING OF THE UNION - TITLE VII — COMMON PROVISIONS - Article III-430 **

*
Official Journal 310 , 16/12/2004 P. 0183 - 0183 *

Article III-430

The members of the Union's institutions, the members of committees, and the officials and other servants of the Union shall be required, even after their duties have ceased, not to disclose information of the kind covered by the obligation of professional secrecy, in particular information about undertakings, their business relations or their cost components.

--------------------------------------------------
**EXHIBIT 32**
 
 **CERTIFICATION PURSUANT TO** **18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 I Dr. Dennis D. Keiser, President and Chief Executive Officer of Intrepid Technology & Resources, Inc., (the "Company") , do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:
 
 ·
the Quarterly Report on Form 10-QSB of the Company for the quarter ended September 30, 2004, as filed with the Securities and Exchange Commission (the Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and ·
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 
 
 Date: November 15, 2004
 
 /s/ Dr. Dennis D. Keiser
 Dennis D. Keiser
 President and Chief Executive Officer
 
 and,
 
 I Dr. Jacob D. Dustin, Vice President, Secretary, and Treasurer of Intrepid Technology & Resources, Inc., (the "Company") , do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:
 
 ·
the Quarterly Report on Form 10-QSB of the Company for the quarter ended September 30, 2004, as filed with the Securities and Exchange Commission (the Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and ·
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 
 Date: November 15, 2004
 
 /s/ Dr. Jacob D. Dustin
 
 Jacob D. Dustin
 Vice President, Secretary, and Treasurer (Principal Financial Officer)
# EUR-Lex - 12002EN01 - EN

Avis juridique important

*|*

# 12002EN01

**Treaty establishing the European Community (Nice consolidated version) - Annex I: List referred to in Article 32 of the Treaty **

*
Official Journal C 325 , 24/12/2002 P. 0157 - 0158 Official Journal C 340 , 10/11/1997 P. 0303 - Consolidated version *

Treaty establishing the European Community (Nice consolidated version)

Annex I: List referred to in Article 32 of the Treaty

ANNEX I

LIST

referred to in Article 32 of the Treaty

>TABLE>
#### § 401.9 Payments to cooperators.

Payments shall be made to Cooperators in accordance with provisions of grant-in-aid awards or project agreements.
# EUR-Lex - 12004V305 - EN

Important legal notice

*|*

# 12004V305

**Treaty establishing a Constitution for Europe - PART III — THE POLICIES AND FUNCTIONING OF THE UNION - TITLE V — THE UNION'S EXTERNAL ACTION - CHAPTER II — COMMON FOREIGN AND SECURITY POLICY - Section 1 — Common provisions - Article III-305 **

*
Official Journal 310 , 16/12/2004 P. 0137 - 0137 *

Article III-305

1. Member States shall coordinate their action in international organisations and at international conferences. They shall uphold the Union's positions in such fora. The Union Minister for Foreign Affairs shall organise this coordination.

In international organisations and at international conferences where not all the Member States participate, those which do take part shall uphold the Union's positions.

2. In accordance with Article I-16(2), Member States represented in international organisations or international conferences where not all the Member States participate shall keep the latter, as well as the Union Minister for Foreign Affairs, informed of any matter of common interest.

Member States which are also members of the United Nations Security Council shall concert and keep the other Member States and the Union Minister for Foreign Affairs fully informed. Member States which are members of the Security Council will, in the execution of their functions, defend the positions and the interests of the Union, without prejudice to their responsibilities under the United Nations Charter.

When the Union has defined a position on a subject which is on the United Nations Security Council agenda, those Member States which sit on the Security Council shall request that the Union Minister for Foreign Affairs be asked to present the Union's position.

--------------------------------------------------
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT AUDITORS**

 

We consent to the incorporation by reference in the Registration Statements (Form S-8 Nos. 333-90746, 333-73445 and333-67766) pertaining to the Trikon Technologies, Inc. employee benefit plans listed on the facing sheets thereof and in the Registration Statements (Form S-3 Nos. 333-110381, 333-101181, 333-87486 and 333-63640) and related Prospectus of TrikonTechnologies, Inc. of our report dated March 15, 2004, with respect to the consolidated financial statements and schedule of Trikon Technologies, Inc. included in this Annual Report (Form 10-K), for the year ended December 31, 2003. 

 

/s/    ERNST &YOUNG LLP         

 

Ernst& Young LLP 

Bristol, England 

 

March 15, 2004